The Presbytery of Riverside Assembly

THE PRESBYTERY OF RIVERSIDE ASSEMBLY

PREVENTION AND RESPONSE POLICY: SEXUAL MISCONDUCT

PART I: PREFACE

BRIEF OUTLINE OF GUIDING PRINCIPLES AND PROCEDURES

The goals of this policy are to prevent sexual misconduct and to provide appropriate response to instances ofalleged sexual misconduct within the Presbytery of Riverside. The policy is intended solely for guidance in ecclesiastical governance. It is not intended to create or modify any additional responsibilities under the laws of the State of California.

We recognize that a primary barrier to responding appropriately to allegations of sexual misconduct has been the hesitancy of religious leaders to recognize and/or believe that such behavior occurs. In a context of pastoral or religious trust, it may be difficult to recognize abusive behavior and/or misconduct because it is not expected and few people encounter it on a regular basis. When, as individuals or a church, we fail to report sexual misconduct or sexual abuse, we become complicit, whether knowingly or unknowingly, in the abuse and/or misconduct. As we become aware of the problem, we assume responsibility for appropriate prevention and intervention strategies.

A brief overview of the policy:

1. Clergy have the responsibility to set appropriate boundaries in relationships with others.

2. By virtue of ordained office, clergy are empowered in a manner that precludes equality in relationships; i.e. a “consensual sexual relationship” cannot exist outside the bounds of marriage. Sexual expression directed toward or a sexual relationship with a parishioner, staff member, colleague or counseling client is a breach of trust and Biblical mandates, and is never acceptable.

3. All claims of alleged sexual misconduct will be taken seriously, and responded to by the Presbytery. Training on issues relating to sexual misconduct will be a condition for all ordained ministers and selected staff within the Presbytery.

4. Any individual alleging sexual misconduct on the part of any person covered by this Policy must be afforded a reasonable opportunity to confidentially discuss the allegations with an unbiased individual, without concern that such discussion will cause unfavorable repercussions or embarrassment.

5. Clergy accused of sexual misconduct will initially be placed on a voluntary leave of absence or administrative leave, with or without pay, which may be lifted upon further investigation and/or information.

6. In instances governed by Book of Order, “Rules of Discipline”, D-10.0106, Administrative Leave will be imposed.

7. Actions of the Presbytery and those individuals under the jurisdiction of the Presbytery shall be governed by the Book of Order.

8. The Presbytery shall respond to initial reports of sexual misconduct through its Initial Response Group [“IRG”], Sexual Misconduct Response Team [“SMRT”], and the Healthy Pastors and Congregations Commission, or their respective designees. Any response will be consistent with requirements in the Book of Order.

9. The Initial Response Group shall consist of the Presbytery Leader for Mission and Vision/Stated Clerkor his or her designee, the Moderator of the Healthy Pastors and Congregations Commissionor his or her designee and the SMRT Moderatoror her or his designee. Its purpose is to receive and evaluate initial reports of sexual misconduct and coordinate a Presbytery response until there is a resolution of the allegation, an Investigating Committee [“IC”] is impaneled pursuant to the Book of Order [D-10.0103] or proceedings are initiated under California secular law.

10. The Sexual Misconduct Response Team will provide for the pastoral care of affected persons including, but not limited to, the alleged victim and the alleged victim’s immediate family, the accuser and his/her immediate family, the accused and his/her immediate family, and the congregation.

11. All clergy, as a prerequisite for approval of a Call within the Presbytery of Riverside, will be required to sign a statement acknowledging that they have received a copy of this Policy and have read it along with material related to mandatory reporting, and agree to abide by the policy. Continuing members of the Presbytery and Presbytery personnel will be required to sign a similar statement.

12. Copies of this Policy shall be distributed to members and staff of the Presbytery, those serving on Presbytery commissions, committees, teams, task forces, Investigating Committees, Administrative Commissions,and the Permanent Judicial Commission. The policy will be posted on the Presbytery web site and available to all church members, any accuser of sexual misconduct, the accused, and the alleged victim(s) of sexual misconduct and their families.

13. All Ministers of the Word and Sacrament, all Ruling Elders commissioned to a specific ministry, all Certified Christian Educators, all Certified Associate Christian Educators, all Presbytery officers and all commission/committee/team chairpersons, and Presbytery personnel will be required to participate in regular Presbytery training for the prevention of sexual misconduct. This means:

a. Providing a certificate of completion of Sexual Misconduct Prevention Training in another presbytery or by a validated provider (see II,B,7);

OR, FOR PASTORS NEW TO PRESBYTERY NOT ABLE TO SATISFY “A”

b. Attendance at a Presbytery of Riverside training event within one year of receiving a Call;

14. No person will be disciplined or otherwise retaliated against for initiating an allegation of sexual misconduct. However, repeated unfounded allegations may be the subject of discipline under the Book of Order.

15. The SMRT, the Healthy Pastors and Congregations Commission, and the Presbytery will work with churches to take steps to prevent and avoid incidents of sexual misconduct, including support in creating their own sexual misconduct prevention policies as part of their personnel policies and/or standing rules.

16. Intervention by the Presbytery or its agents is not a substitute for remediation by secular authorities in cases of child sexual abuse.

PART II. PASTORS: WHAT AND WHY

…as God who called you is holy,

Be holy yourselves in all your conduct...

…tend the flock of God that is your charge…

not under compulsion but willingly…

not for sordid gain but eagerly

Do not lord it over those in your charge,

but be examples to the flock.

…you know that we who teach

shall be judged with greater strictness.

For human ways are under the eyes of the LORD

And God examines all their paths.

I Peter 1:15; 5:2-3; James 3:1; Proverbs 5:21 NRSV

II. A. SEXUAL MISCONDUCT DEFINED

1. “Sexual misconduct” is a breach of trust and a violation of the roles that clergy, Presbytery personnel, ordained officers, commissioned individuals and those entrusted with the care of others are called upon to exercise.Sexual misconduct calls into question the integrity, sensitivity, and fitness for office of any person who engages in such misconduct. Such misconduct is contrary to the principles set forth in the Gospels and the call to work as God’s servant in the struggle to bring wholeness to a broken world.Sexual misconduct includes, but is not limited to

• Sexual acts or sexual contact with a minor;
• Sexual acts or sexual contact involving inducement, threat, coercion, force, violence, or intimidation of another person;
• Sexual acts or sexual contact with a person in a professional relationship
• Sexual acts or sexual contact with a person who is incapable of understanding the nature or consequences of the behavior or is physically incapable of declining participation.
• Sexual acts or sexual contact involving the use of drugs or intoxicants that impair the ability to govern the situation.
• Rape and sexual assault
• Sexual harassment.

2. The ethical conduct of all who minister in the name of Jesus Christ is of vital importance to the Church because it is through these representatives that an understanding of God and the Gospel’s good news is incarnated. Their manner of life should be a demonstration of the Christian gospel in the church and the world. See Book of Order, Rule G-2.0104a.

3. “Sexual misconduct” describes a misuse and/or abuse of authority and power that breaches Christian ethical principles. It misuses a relationship of trust to gain advantage over another for personal pleasure in an abusive, exploitative, and unjust manner. Even if the alleged victim initiates or invites sexual contact in his or her relationship with clergy or Presbytery personnel, it is always the responsibility and duty of the clergy or Presbytery personnel to maintain the appropriate role boundaries and prevent the development of a sexual relationship. When there is any structured relationship of superior/subordinate between two people, sexual expression between the two is an abuse of that relationship by the person in the superior position.

4. Sexual misconduct also consists in taking advantage of the vulnerability of minors and adults who are less able to act for their own welfare. Thus, sexual misconduct does not require physical contact. It may include communication by photography, videos, electronic messaging over the Internet, text messaging, etc. which have a sexual component.

II. B. EDUCATION AND TRAINING

Implementation of this Policy requires the Presbytery to:

a)adopt and offer educational programs to address boundary issues,

b)assist clergy in developing responses to inappropriate sexual advances and/or false accusations of sexual misconduct,

c)provide training in pastoral and disciplinary response procedures and prevent instances of sexual misconduct.

1.New members of the Presbytery must complete at least one educational event approved by the Presbytery within the first 12 months of accepting a call unless they provide a certificate of completion of an equivalent training. This is a condition of all Calls, and wording to this effect will be included in all Calls.No Call will be approved, validated, or continued if this condition is not met within two years of the effective date of the Call. Members must continue to attend an approved sexual misconduct awareness event every three years thereafter. Failure to complete this educational requirement will result in being placed on administrative leave without pay until the requirement is met. Honorably retired pastors not engaged in pastoral work must sign an acknowledgement of having received this Policy with the expectation they have read and understood it. They will be required to attend an approved training event before being validated for a return to active service in a validated call.

2.Any member of the Presbytery may be required by the Healthy Pastors and Congregations Commission to attend additional training/events when such attendance is recommended by the Healthy Pastors and Congregations Commission, when directed by an Administrative Commission elected to deal with matters at a church, or when a change in applicable rules, laws or standards warrant additional education. It may also be required as part of censure and restoration in a disciplinary case. Non-clergy staff of the Presbytery shall attend such educational sessions as directed by the Presbytery Leader for Mission and Vision/Stated Clerk. Other Presbytery personnel and volunteers may be required to attend such training as a condition of service on a particular commission, committee, team, task force, or group.

3. Every calendar year the Healthy Pastors and Congregations Commission and the SMRT will co-sponsor a one-day training event with a focus on understanding and preventing sexual misconduct. SMRT will coordinate and lead the training.

4. The SMRT may be available to participate in training and educational events for churches and make training and educational materials available to congregations to help churches recognize, respond to, and prevent sexual misconduct.

5. The SMRT will work with the Presbytery to encourage churches to adopt policies and procedures for preventing and reporting child abuse, including child sexual abuse.

6. The SMRT may make additional recommendations to the Presbytery through its Healthy Pastors and Congregations Commissionregarding matters of sexual misconduct policy and procedures. These may include recommendations regarding employment practices, education of clergy, and training and education materials for clergy and the Presbytery.

7. Clergy who have participated in comparable training in or through another presbytery or Presbyterian seminary or validated provider may certify their attendance in such other training and seek a waiver from these training requirements. The Healthy Pastors and Congregations Commission shall determine what constitutes comparable training and who is a validated provider and whether any waiver will be granted.

8. Records of sexual misconduct training and certification shall be maintained by the Presbytery Leader for Mission and Vision/Stated Clerk and shall be available for public inspection.

PART III. PROCEDURES

III. A. ADMINISTRATIVE RESPONSE TO INITIAL REPORTS

1. Reports of alleged sexual misconduct may occur in a variety of ways. Initial reports may be oral or written. Because the Presbytery has no control over the manner or mode of initial reports, it is important that officers, employees, and persons highly visible to church members understand that it is critical to report alleged sexual abuse to the IRG in order to implement this policy. Reports and/or rumors of alleged sexual misconduct should not be taken lightly or disregarded and should not be allowed to circulate. Reports of possible sexual misconduct should be considered as matters of concern at all times.

2. Since time is of the essence, upon receipt of a report of sexual misconduct, the Presbytery shall impanel the Initial Response Group, within 48 hours of receiving the report. If it is determined that an IC must be appointed, pursuant to D-10.0201 et seq., the IC will be impaneled within 15 days of receipt of the initial written report by the Presbytery Leader for Mission and Vision/Stated Clerk.

3. The person receiving the initial report of alleged sexual misconduct from the accuser should forward a written report to the Presbytery Leader for Mission and Vision/Stated Clerk, the Moderator of the Healthy Pastors and Congregations Commission, or a member of the SMRT. The Presbytery Leader for Mission and Vision/Stated Clerk, Chair of the Healthy Pastors and Congregations Commission and SMRT Moderator shall consult together and with appropriate professionals to determine whether the report involves an allegation of sexual misconduct, and if so, how to proceed. Consistent with the Book of Order(G-4.0301 + G-4.0302) concerning privileged information] and applicable state law, persons receiving a report of sexual misconduct shall report to appropriate secular civil or criminal authorities.

4. When an initial report of sexual misconduct has been received and at least two members of the IRG (Presbytery Leader for Mission and Vision/Stated Clerk, Chair of the Healthy Pastors and Congregations Commission and the SMRT Moderator, or their designees) concur that the facts as presented would establish that an incident of sexual misconduct has occurred if found true, the SMRT will be asked to implement the procedures for pastoral response outlined in III. B. below

5. In any case where the Presbytery Leader for Mission and Vision/Stated Clerk, the Moderator of the Healthy Pastors and Congregations Commission, , or the SMRT Moderator is the accused, is otherwise personally involved with the situation or is unavailable, the other two members of the Initial Response Group, in consultation with the Healthy Pastors and Congregations Commission, may appoint one or more other members of the PC(USA) to act as part of the Initial Response Group. Such persons may be from another presbytery.

6. The Initial Response Group may assist in providing for the pastoral needs of the congregation including pulpit supply. The SMRT shall assist the Initial Response Group as requested.

7. The Initial Response Group should consult with Presbytery legal counsel and insurance carrier as soon as possible in matters involving alleged sexual misconduct. Legal counsel should assist the IRG and the SMRT in responding to the legal issues involved in any instance of alleged sexual misconduct including, but not limited to, the duty to make reports of the allegations under secular law consistent with Book of Order [seeG-4.0301 + G-4.0302], issues of clergy/penitent confidentiality, and personnel matters. When proceedings under secular law are initiated, the SMRT, IRG and Presbytery should be kept informed about the situation, and legal counsel may assist in that process. No member of the IRG or SMRT should actively discourage or dissuade an alleged victim from seeking advice or legal counsel outside of the Church or from reporting instances of sexual misconduct to secular authorities.

8. LEAVE OF ABSENCE.

a. The policy of the Presbytery is that the accused will be placed on an immediate leave of absence or administrative leave, whether paid or unpaid.

b. In the event that the accused, the session, and/or the accused’s employer are unwilling or unable to agree to any leave of absence, the IRG or others as authorized by the Book of Order may take all appropriate steps provided for in the Book of Order [see e.g. D-10.0106 and/or G-2.0901 and/or G-2.0509] for removal of the accused from his or her position or the session from its leadership role.

c. When a written statement of an alleged sexual misconduct involves a person under the age of 18 at the time of the alleged incident or a person who allegedly lacks the mental capacity of consent, the Presbytery Leader for Mission and Vision/Stated Clerk shall immediately communicate the allegation to the Permanent Judicial Commission [PJC]. The moderator of the PJC shall, within three days, designate two members, who may be from the roster of former members of the PJC, to determine whether the accused shall be placed on a paid administrative leave during the resolution of the matter. The cost of such leave shall be borne by the employing entity whenever possible.